Judgment No. 3489
1. The impugned decision dated 29 June 2012 is set aside to the extent that it dismissed the complainant’s claim for a five-year contract extension.
2. The IAEA shall pay the complainant 15,000 euros in moral damages.
3. The IAEA shall pay the complainant 1,500 euros in costs.
4. All other claims are dismissed.
The complainant challenges the decision that his 2010 Performance Review Report shall be redone from the beginning and that a decision regarding an amendment to his contract extension from three to five years will be contingent on the outcome of the new Report.
complaint allowed; report; decision quashed; contract; extension of contract; performance evaluation
"Consistent precedents hold that inasmuch as the right to an internal appeal is a safeguard enjoyed by international civil servants, the ultimate decision-maker cannot depart from the conclusions and recommendations of the internal appeal body without giving adequate reasons for her or his decision (see Judgments 2699, under 24, 2833, under 4, 3208, under 11, and 3361, under 14)."
Jugement(s) TAOIT: 2699, 2833, 3208, 3361
"[T]he Tribunal held in Judgment 3080, under 25, that the provision of Article VII, paragraph 1, of the Tribunal’s Statute, which requires all internal means of redress to be exhausted, does not apply to a claim for compensation for moral injury. The Tribunal restates that moral damages constitute a claim for consequential relief which the Tribunal has the power to grant in all circumstances."
Jugement(s) TAOIT: 3080
moral injury; internal remedies exhausted